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SPC loses appeal of $1.2M judgment over Coca-Cola Amatil deal
Appeals 2021-11-23 9:22 pm By Cindy Cameronne

Melbourne-based joint venture Shepparton Partners Collective has lost its appeal of a $1.2 million judgment that found it infringed software developer QAD’s copyright by failing to pay a transfer fee to retain the licence after it acquired the iconic SPC Ardmona cannery in Victoria from Coca-Cola Amatil for $40 million.

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Top judge did ‘unexplained violence’ to Star’s business interruption policy, Full Court told
Insurance 2021-11-08 9:42 pm By Miklos Bolza

In rejecting a bid by The Star Entertainment Group to recoup losses stemming from the COVID-19 pandemic, the Federal Court’s Chief Justice did “real and unexplained violence” to the construction of a business interruption policy the casino giant had taken out with Chubb, the Full Court has heard.

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Court smooths over Botox trade mark dispute with Freezeframe injunction
Intellectual Property 2021-10-13 8:47 pm By Bianca Hrovat

Botox drug maker Allergan has secured an injunction against a Sydney-based cosmetics company which sought to “leverage” the reputation of the well-known injectable to sell its Freezeframe line of anti-aging topical creams.

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Insurers largely prevail in second COVID-19 test cases
Insurance 2021-10-08 5:13 pm By Christine Caulfield

Insurers have largely succeeded in challenging COVID-19 business interruption losses claimed by a group of small businesses, in an important second test case that could save the industry billions of dollars.

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Insurers accused of misleading policyholders in COVID-19 insurance class actions
Insurance 2021-10-05 2:36 pm By Bianca Hrovat

Insurers are misleading policyholders about class actions which seek compensation for those denied business interruption coverage for COVID-related shutdowns, a court has heard.

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QBE says infectious disease exclusion applies to COVID-19 claims in Victoria
Insurance 2021-09-22 4:58 pm By Miklos Bolza

While a first test case in NSW rejected insurers’ interpretation of infectious disease exclusions in COVID-19 business interruption policies, potentially putting the industry on the hook for billions of dollars in claims, QBE says the law is on its side in Victoria.

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Lloyd’s denies ‘incomprehensible’ claims in COVID-19 business interruption class action
COVID-19 2021-09-10 3:21 pm By Miklos Bolza

Insurance giant Lloyd’s has rejected what it calls an “incomprehensible” class action pleading by Australian businesses that argue its business interruption policies should have indemnified them for losses stemming from COVID-19 lockdowns.

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Merck Sharp & Dohme appeals judgment tossing Januvia patent extension
Intellectual Property 2021-09-10 6:04 pm By Miklos Bolza

Merck Sharp & Dohme is seeking to overturn a judgment refusing an extension of a patent covering its Januvia and Janumet diabetes drugs that would have seen the US drug maker of retaining a monopoly over the multibillion dollar medicines beyond July 2022.

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Allergan wins appeal in Botox trade mark battle
Intellectual Property 2021-09-08 5:19 pm By Miklos Bolza

Botox maker Allergan has successfully challenged a Federal Court judgment dismissing its trade mark lawsuit against an Australian company selling topical creams as an alternative to Botox injections.

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Lockdown didn’t trigger business interruption policy in COVID-19 test case, IAG tells court
Insurance 2021-09-06 10:05 pm By Christine Caulfield

Lockdown orders by the Victorian government and an international travel ban in place last year during the first wave of COVID-19 did not trigger a business interruption clause in an IAG policy at the centre of a test case brought by insurers, a judge heard Monday.

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